My soon to be ex-daughter-in-law borrowed $35,000 in 2016 to start up a gymnastics business and agreed (in writing) to pay it back in 4-6 weeks when her home equity loan went through. She could not pay it back as agreed and long story short, the business failed and she filed for bankruptcy and divorce in Nov/2018. She told me that the place she moved/sold her gym to, as part of her contract, (which she has yet to provide me a copy as requested) agreed to pay her a salary plus the cost of the home equity loan and the $35,000 she owed me . Her pending divorce is a result of her new personal relationship with the owner of said gym. After many months of calls, texts and email, her last communication with me regarding the repayment of the loan was that "her lawyer advised her to finalize the divorce and bankruptcy before moving forward with this repayment." I have an agreement to repay in writing and only text messages and a couple emails of conversations after the initial loan.
What are my options and do I wait for the divorce and bankruptcy before I do anything legally? Can she throw this into the bankruptcy or force my son to partially repay as part of a divorce settlement? He fully owned the house years before he met her and her name was not on the equity loan. Is there a statue of limitations on collecting this debt? What type of lawyer should I use?